Hollinger Corp. 
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School Latef of 
South Carolina 



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Issued by O. B. MARTIN 
State Superintendent of Education 



'-SI 



SCHOOL LAW 

of 

SOUTH CAROLINA 

1906 



Prepared by O. B. Martin 

State Superintendent of Education 



Constitutional Provisions^ 1906 

ARTICLE XL 

EDUCATION. 

Section 1. The supervision of public instruction shall be vested in 
a State Superintendent o^f Education, who shall be elected for the 
term of two years by the qualified electors of the State, in such man- 
ner and at such time as the other State officers are elected ; his pow- 
ers, duties and compensation shall be defined by the General Assem- 
bly. 

Sec. 2. There shall be a State Board of Education, composed of 
the Governor, the 6tate Superintendent of Education, and not ex- 
ceeding seven persons to be appointed by the Governor every four 
years, of which Board the Governor shall be Chairman, and the 
State Superintendent of Education, Secretary. This Board shall 
have the regulation of examination of teachers applying for certifi- 
cates of qualification, and shall award all scholarships, and have such 
other powers and duties as may be determined by law. The travel- 
ing expenses of the persons to be appointed shall be provided for by 
the General Assemblv. 



2 

Sec. 3. The General Assembly shall make provision for the elec- 
tion or appointment of all other necessary school officers, and shall 
define their qualifications, powers, dulties, compensation and terms of 
office. 

Sec. 4. The salaries of the State and County school officers and 
compensation oi County Treasurers for collecting and disbursing 
school moneys shall not be paid out of the school funds, but shall 
be otherwise provided for by the General Assembly. 

Sec. 5. The General Assembly shall provide for a liberal system 
of free public schools for all children between the ages of six and 
twenty-one years, and for the division of ithe Counties into suitable 
school districts, as compact in form as practicable, having regard to 
natural boundaries, and not to exceed forty-nine nor be less than nine 
square miles in area : Provided, That in cities of ten thousand in- 
habitants and over, this limitation of area shall not apply : Provided, 
further, Tihatwhen any school district laid out under this Section 
shall embrace cities or towns already organized into special school 
districts in which graded school buildings have been erected by the 
issue of bonds, or by special taxation, or by donation, all the territory 
included in said school district shall bear its just proportion of any 
tax that may be levied to liquidate such bonds or support the public 
schools therein : Provided, further. That nothing in this Article con- 
tained shall be construed as a repeal of the laws under which the 
several graded school districts of this State are organized. The 
present division of the Counties into school districts and the provi- 
sions of law now governing the same shall remain until changed by 
the General Assembly. 

Sec. 6. The existing County Boards of Commissioners of the 
several Counties, or such officer or ofiicers as may hereafter be 
vested with the same or similar powers and duties, shall levy an 
annual tax of three mills on the dollar upon all the taxable property 
in their respective Counties, which tax shall be collected at the same 
time and by the same officers as the other taxes for the same year, 
and sihall be held in the County treasury of the respective Counties ; 
and the said fund shall be apportioned among the school districts of 
the County in proportion to the number of pupils enrolled in the 
public schools of the respective districts, and the officer or ofiicers 
charged by law with making said apportionment shall notify the 
Trustees of the respective school districts thereof, who shall expend 
and disburse the same as the General Assembly may prescribe. The 



General Assembly shall define "enrollment." Not less than three 
Trustees for each school district shall be selected from the qualified 
voters and taxpayers therein, in such manner and for such terms as 
the General Assembly may determine, except in cases of special 
school districts now existing, where the provisions of law now gov- 
erning the same shall remain until changed by the General Assembly : 
Provided, The manner of the selection of said Trustees need not be 
uniform throug'hout the State. There shall be assessed on all taxa- 
ble polls in the State between the ages of twenty-one and sixty years 
(excepting Confederate soldiers above the age of fifty years), an 
annual tax of one dollar on each poll, the proceeds of which tax shall 
be expended for school purposes in the several school districts in 
which it is collected. Whenever during the three next ensuing 
fiscal years the tax levied by the said County Boards of Commis- 
sioners or similar officers and the poll (tax shall not yield an amount 
equal to three dollars per capita of the number of children enrolled 
in the public schools of each County for ithe scholastic year ending 
the thirty-first day of October in the year eighteen hundred and 
ninety-five, as it appears in the report of the State Superintendent of 
Bducation for said scholastic year, the Comptroller General shall, 
for the aforesaid three next ensuing fiscal years, on the first day of 
each of said years, levy such an annual tax on the taxalble property of 
the State as be may ddtermine to be necessary to make up such 
deficiency, to be collected as other State taxes, and apportion the 
'same am.ong the Counties of the State in proportion to the respective 
■deficiencies therein. The sum so apportioned shall be paid by the 
State Treasurer to the County Treasurers of the respective Counties, 
in proportion to the respective deficiencies tberein, on the warrant of 
the Comptroller General, and sball be apportioned among the school 
districts of the Counties, and disbursed as other school funds ; and 
from and after the thirty-first day of December, in the year eighteen 
hundred and ninety-eight, the General Assembly shall cause to be 
levied annually on all the taxable property of the State such a tax, 
in addition to the said tax levied by the said County Boards of Com- 
missioners or similar officers, and poll tax above provided, as may be 
necessary to keep the schools open throughout the State for such 
length of time in each scholastic year as the General Assembly may 
prescribe ; and said tax shall be apportioned among the Counties in 
proportion to the deficiencies therein and disbursed as other school 



funds. Any school district may by the authority of the General 
Assembly levy an additional tax for the support of its schools. 

Sec. 7. Separate schools shall be provided for children of the 
white and colored races, and no child of either race shall ever be 
permitted to aittend a school provided for children of the other race. 

Sec. 8. The General Assem'bly may provide for the maintenance 
of Clem^son Agricultural College, the University of South Carolina, 
and the Winthrop Normal and Industrial College, a branch thereof, 
as now established by law, and may create scholarships therein ; the 
proceeds realized from the land scrip given by the Act of Congress 
passed the second day of July, in the year eighteen hundred and 
sixty-two, for the support of an agricultural college, and any lands 
or funds which have heretoifore been or may hereafter be given or 
appropriated for educational purposes by the Congress of the United 
States, shall (be applied as directed in the Acts appropriating the 
same : Provided, That ithe General Assembly shall, as soon as practi- 
cable, wholly separate Claflin College from Claflin University, and 
provide for a separate corps of professors and instructors therein, 
representation to be given to men and women of the negro race ; and 
it shall be the Colored Normal, Industrial, Agricultural and Mechan- 
ical College of this State. 

Sec. 9. The property or credit of the State of South Carolina, or 
of any County, city, town, township, school district or other subdivi- 
sion of the said State, or any public money, from whatever source 
derived, shall not, by gift, donation, loan, contract, appropriation, or 
otherwise, be used, directly or indirectly, in aid or maintenance of 
any college, school, 'hospital, orphan house, or other institution,, 
society or organization, of whatever kind, which is wholly or in part 
under the direction or control of any church or of any religious or 
sectarian denomination, society or organization. 

Sec. 10. All gifts of every kind for educational purposes, if ac- 
cepted by the General Assembly, shall be applied and used for the 
purposes designated by the giver, unless the same be in conflict with 
the provisions of this Constitution. 

Sec. 11. All gifts to the State where the purpose is not designated, 
all escheated property, the net assets or funds of all estates or copart- 
nerships in the hands of the Courts of the State where there have 
been no claimants for the same within the last seventy years, and 
other money coming into the Treasury of the State by reason of the 
twelfth Section of an Act entitled "An Act to provide a mode of 



5 

distribution oi the moneys as direct tax from the citizens of this 
State by the United States in trust to the State of South Carolina," 
approved the twenty-fourth day of December, in the year eighteen 
hundred and ninety-one, together with such other means as the Gene- 
ral Assembly may provide, shall be securely invested as the State 
School Fund, and the annual income thereof shall be apportioned by 
the General Assembly for the purpose of maintaining the public 
schools. 

Sec. 13. All the net income to be derived by the State from the 
sale or license for the sale of spirituous, malt, vinous and intoxicating 
liquors and beverages, not including so much thereof as is now or 
may hereafter be allowed by law to go to the Counties and municipal 
corporations of the State, shall be applied annually in aid of the 
supplementary taxes provided for in the sixth Section of this Article ; 
and if after said application there should be a surplus, it shall be 
devoted to public school purposes, and apportioned as the General 
Assembly may determine : Provided, however. That the said supple- 
mentary taxes shall only be levied when the net income aforesaid 
from the sale or license for the sale of alcoholic liquors or beverages 
are not sufficient to meet and equalize the deficiencies for which the 
said supplementary taxes are provided. 

Done in Convention in Columbia, on the fourth day of December, 
in the year of our Lord one thousand eight hundred and ninety-five. 

JOHN GARY EVANS, President of the Convention. 

IRA B. JONES, Vice-President of the Convention. 

W. JASPER TALBERT, Vice-President of the Convention. 
Attest: S. W. Vance, Secretary of the Convention. 



Code of Laws of South Carolina, J 902 

Sec. 1174. The State Superintendent of E'ducation shall be elected 
at each general election, in the same manner as other State officers, 
and shall enter upon the duties of his office at the time prescribed by 
law. Before entering upon the duties of his office, he shall give 
bond, for the use of the State of South Carolina, in the penal sum of 
five thousand (5,000) dollars, with good and sufficient sureties, to be 
approved by the Governor, conditioned for the faithful and impartial 
performance of the duties of his office ; and he shall also, at the time 
of giving bond, take and subscribe the oath prescribed in Section 26, 
of Article III., of the Consltitution of the State, which shall be en- 
dorsed upon the back of said bond ; and the bond shall be ifiled with 
the Secretary of State, and by him recorded, and when so recorded, 
sihall he filed with the State Treasurer. The Superintendent oi 
Education shall receive as compensation for his services the sum of 
nineteen hundred dollars per annum, payable monthly out of the 
State Treasury; and his traveling expenses, not exceeding three 
hundred dollars, sihall ibe paid out of the State Treasury upon duly 
itemized accounts rendered by him. 

Sec. 1175. He sihall have general supervision over all the schools 
of the State supported in whole or in part from the pubHc school 
funds, and it shall be his duty to visit every County in the State as 
c>ften as practicable for the purpose of inspecting the schools, awak- 
ening an interest favorable to the cause of education, and dififusing 
as widely as possible, by public addresses and personal communica- 
tions with sc'hool officers, teachers and parents, a knowledge of exist- 
ing defects and of desirahle improvements in the government and 
instruction of the said schools. He shall secure, by and with the 
advice of the State Board of Education, uniformity in the use of 
text-books throughout the free public schools oif the State, and shall 
forbid the use of sectarian or partisan books and instruction in said 
schools. He shall prepare and transmit to the several County Su- 
perintendents of Education, school registers, blank certificates, re- 
ports and such other suitable blanks, forms and printed instructions 
as may he necessary to aid siohool officers and teachers in making 
their reports and carrying into full eiTect the various provisions of 
the school laws of this State ; and shall cause the law relating to the 



free public schools, with such rules, regulations, forms and instruc- 
tions as shall be legally prescribed, to be printed, together with a 
suitable index, in pamphlet form, at the expense of the State ; and he 
shall cause copies of the same to he transmitted to the several County 
Superintendents of Education for distribution. He shall collect in 
his office such school books, apparatuses, maps and charts as can be 
obtained. He may certify copies of all papers filed in his office, and 
such certified copies shall be competent evidence thereof. 

Sec. 1176. He shall make a report, througli the Governor to the 
General Assembly at each regular session thereoif, showing : 1st.' The 
whole number of pupils registered in and the number enrolled as 
hereinafter defined in the free common schools of this State during 
the year ending the thirtieth day of the last preceding June, and the 
number in each County registered in and the num'ber enrolled as 
hereinafter defined during the same period. 2d. The number of 
whites and the numher of colored, of each sex, attending the said 
schools. 3d. The number of free siohools in the State. 4th. The 
number of pupils situdying each of the branches taught. 5th. The 
average wages paid to teachers of each sex, and to the principals of 
schools -nd departments in said schools. 6th. The number of school 
houses erected during the year, and the location, material and cost 
thereof. 7th, The number previously erected, and the material of 
their construction, and their condition and value, and the number 
with the grounds enclosed. 8th. The Counties in which Teachers' 
Institutes were held, and the number attending the Institutes in each 
County. 9th. Such other statistical information as he may deem 
important, together with such plans as he may have matured and the 
State Board of Education may have recommended for the manage- 
ment and improvement of the school fund and for the more perfect 
organization and efficiency of -the free public schools. All State 
institutions of higher learning shall make an annual report on or 
before the first day of September of each year to the State Superin- 
tendent of Education, embracing a detailed account of the opera- 
tions of such institutions, including the expenditure of the public 
moneys for the current scholastic year, which reports the State 
Superintendent of Education shall include in his annual report to 
the Legislature. All Acts or parts of Acts requiring annual reports 
to be made to other authorities are hereby repealed. 

Sec. 1177. The sum of nine hundred dollars shall be allowed to the 



§ 

Superintendent of Education for the purpose of defraying the ex- 
penses of clerk hire in his office. 

Sec. 1178. The State Treasurer shall take and hold in trust for the 
State any grant or devise of lands and any gift or bequest of money 
or other personal property made to him for educational purposes, all 
gifts to the State where the purpose is not designated, all escheated 
property, the net assets or funds of all estates or copartnerships in the 
hands of the Courts of the State where there have been no claimants 
for the same within the last seventy years, and other money coming 
into the Treasury of the State by reason of the twelfth Section of an 
Act entitled "An Act to provide a mode of distribution of the moneys 
as direct tax from the citizens of this State by the United States in 
trust to the State of South Carolina," approved the twenty-fourth 
day of December, in the year eighteen hundred and ninety-one, 
together with such other means as the General Assembly may pro- 
vide. The State Treasurer shall from time to time invest in bonds 
of this State or of the United States all such money in the name of 
the State, as a permanent State school fund, and shall pay out the 
income derived therefrom to the County or the Counties of the State 
as the same may be apportioned among said Counties by the State 
Board of Education : Provided, That no disposition shall be made of 
any proper^ty, grant, devise, gift, or bequest, inconsistent with the 
purposes, conditions or terms thereof. For the faithful management 
of all property so received by the State Treasurer, he shall be respon- 
sible upon his bond to the State as for other funds received by him in 
his official capacity : Provided, however, That the Trustees of any 
school district of t)his State may take and hold in trust for their 
particular school district any property granted, devised, given or 
bequeathed to such school district, and apply the same in the interest 
of the schools of their district in such manner as in their judgment 
seems most conducive to the welfare of the schools when not other- 
wise directed by the terms of the grant, devise, gift or bequest : And 
Provided, further. That before said Trustees shall assume control of 
any grant, devise, gift or bequest they shall give a bond, to be ap- 
proved by the County Board of Education of the County in which 
such grant, devise, gift or bequest is made, conditioned for the faith- 
ful discharge of the trust reposed in them in respect to said property, 
which bond shall be deposited with the Clerk of the Court of said 
County. The said Trustees are hereby invested with the care and 
custody of all school houses or other school property belonging to 



their school districts, with fuil power to control the same in such 
mianner as they may think will best subserve the interest of the free 
public schools and the cause of education. 

Sec. 1179. The State Superintendent of Education shall discharge 
such other duties as may 'be provided by law ; and he shall deliver to 
his successor, within ten days after the expiration of his term of 
office, all books, papers, documents and other property belonging to 
his office. 

Sec. 1180. In case a vacancy occurs. in the office of State Super- 
intendent of Education, from any cause, such vacancy shall be filled 
by the Governor, by and with the advice and consent of the Senate, 
and the person so appointed shall qualify within fifteen days from 
the date of such appointment, or else the office shall be deemed 
vacant. If the vacancy occur during the recess of the Senate, the 
Governor shall fill the same by appointment until the Senate can act 
thereon. 

Sec. 1181. The Governor, the Superintendent of Education, and 
seven persons, one from each Congressional District, to be appointed 
by the Governor, who shall hold office for four years, and until their 
successors may be appointed, unless sooner removed by the Gover- 
nor, shall constitute the State Board of Education. Of this Board 
the Governor shall be ex officio Chairman, and the State Superin- 
tendent of Education shall be Secretary of the Board. The Secre- 
tary shall be custodian of its records, papers and effects, and shall 
keep minutes of its proceedings ; and said records, papers and 
minutes shall be kept in the office of the State Superintendent of 
Education and shall be open to inspection by the public. 

Sec. 1182. The said Board shall meet on the call of its Chairman, 
or upon the request of a majority of its members, at the office of 
the Sitate Superintendent of Education, or at such other place as may 
be designated in the call. A majority of the Board shall constitute 
a quorum for transacting business. The official seal of the State 
Superintendent of Education shall be used for the authentication of 
the acts of the State Board. The members of the State Board of 
Education appointed iby the Governor ishall receive as compensation 
the same mileage and per diem as is provided for members of the 
General Assembly, not exceeding twenty dayS' in any one year. 

Sec. 1183. The State Board of Education shall constitute an ad- 
visory body, with whom the State Superintendent of Education shall 
have the right to consult when he is in doubt as to his official duty ; 



10 

and shall have power to review on appeal all decisions of the County 
Boards of Education, as hereinafter provided for. Appeals to the 
State Board of Education must be made through the County Boards 
of Education, in writing, and must distinctly set forth the question 
of law as well as the facts of the case upon which the appeal is taken, 
and the decision of the State Board shall be final upon the matter 
at issue. 

Sec. 1184. Tihe State Board of Education shall have power: 1st. 
To adopt rules and regulations not inconsistent with the laws of the 
State for its own government and for the government of the free 
public schools. 

State ex rel. Williams v. Hiers, 51 S. C, 388 ; 29 S. E., 89. 

' 2d. To prescribe and enforce rules for the examination of teachers. 
3d. To prescribe a standard of proficiency before County Boards of 
Education which will entitle persons examined by such boards to 
certificates as teachers. 4th. To prescribe and enforce the course 
of study in the free pubhc schools. 5th. To prescribe and to enforce, 
as far as practicable, the use of a uniform series of text-books in the 
free public schools of the State ; to enter into an agreement with the 
publishers of the books prescribed, fixing the time of prescription 
and the price above which the books shall not he retailed during the 
period of prescription, and a rate of discount at not less than which 
the books shall be furnished to the retail dealers in this State; to 
require the publishers, in the discretion of the Board, to establish in 
each County one or more depositories of their books within the State, 
at such place or places as the Board may designate, and where such 
books may be obtained without delay ; and to exact of the publishers 
a bond in the sum of not more than five thousand dollars conditioned 
for the faithful performance of the agreement, and with a penalty 
of twenty-five dollars for each violation of the agreement, the form 
and execution of the bond to be approved by the Attorney General 
of the .State, which agreement and .bond shall be deposited with the 
State Treasurer, all recoveries thereon to go intO' the State Treasury 
for school purposes : Provided, That the State Board of Education 
sihall not have power, without permission of the General Assembly 
of the State, to change a text-book within five (5) years from the 
date of its adoption, except for violation of the agreement entered 
into by its publisher with the State Board of Education, for which 
cause it may be changed by the said Board ; and it shall be unlawful 



11 

for any teacher draiwing public school money to use any book not 
prescribed by the State Board of Education without the consent, in 
writing, of said Board. 6tih. To grant State teachers' certificates and 
to revoke them for immoral or unprofessional conduct, profanity or 
evident unfitness for teaching. 7th. To review on appeal an order re- 
voking a County certificate : Provided, That no ceritificate be required 
of examination or proficiency from any applicant for teachers in city 
schools of Charleston having diplomas from the Memminger Normal 
School in the city of Charleston, whether regular or extra teachers, 
but they sOiall be alone subjected to such examinations and conditions 
as may be required by the Board of Commissioners of the city public 
schools of Charleston. 8th. To award scholarships created by the 
General Assembly in the institutions of learning supported in whole 
or in part by the State. 

Sec. 1185. No child shall be counted in the enrollment more than 
once, nor in more than one School District in any one school year, 
and the school officer charged with the duty of enrollment wilfully 
violating this provision shall be guilty of a misdemeanor. The 
teacher or principal of every school sihall keep and furnish annually 
to the Trustees of the School District a list of all pupils that have 
attended the school during the preceding scholastic year, showing 
the names of the pupils, their respective places of residence, and the 
num'ber of days each pupil has attended, which list shall be certified 
to the County Board of Education by said Trustees on or ibefore the 
1st day of August in every year. 

Sec. 1186. At the expiration of the terms of office of the School 
Commissioners of the several Counties of the State, there shall be 
elected by the qualified electors of the County a County Superin- 
tendent of Education for each County, who s'hall hold his office for 
the term of two years and until his successor is elected and qualified 
He shall, before being comimissioned and entering upon the duties 
of his office, give bond to the State, for the use of the County in 
which he is elected, for educational purposes, in the penal sum of 
one thousand dollars, with good and sufficient sureties to be approved 
by the County Board of Commissioners, conditioned for the faithful 
and impartial discharge of the duties of his office, and shall take and 
subscribe the oath of office prescribed in Section 36, Article III., of 
the Constitution of this State, which he shall file in the office of the 
Secretary of State. When commissioned he shall immediately enter 
upon the discharge of his duties. His failure to qualif}^ within thirty 



12 

days after notice of his election sihall create a vacancy: Provided. 
The bond of the Superintendent of Education for Saluda County, 
which has a large reserve school fund, shall be five thousand dollars. 

Sec. 1187. The State Board of Education shall fill all vacancies 
in the office of County Superintendent of Education for the unex- 
pired term. 

Sec. 1188. It shall be the duty of each County Superintendent of 
Education to visit the sdhools in his County at least once, in eadh 
year, and oftener if practicable, and to note the course and method 
of instruction and the branches taught, and to give such recommen- 
dation in the art of teaching and the method thereof in each school 
as s'hall be necessary, so that uniformity in the course of studies 
and method of instruction emiployed shall be secured as far as prac- 
ticable in the schools of the several grades, respectively. He shall 
acquaint himself as far as practicable with the character and condi- 
tion of each school, noting any deficiencies that may exist, "either in 
the government of the school or the classification of its pupils or the 
method of instruction employed in the several branches, and shal! 
make such suggestions in private to the teachers as to him shall 
appear necessary to the good order of the school and the progress 
of the pupils. He s'hall note the character and condition of the 
school houses, the sufficiency or insufficiency of the furniture, and 
shall make such suggestions to the several Boards of Trustees as in 
his opinion shall iseem conducive to the comfort and progress of the 
several schools. It shall be the duty of each County Superintendent 
of Education to aid the teachers in all proper efforts to improve 
themselves in their profession. For this purpose he shall encourage 
the formation of associatio'ns of teachers for common improvement 
and conduct teachers' institutes. He s'hall attend the meetings of 
such associations and give such advice and instruction in regard to 
their conduct and management as in his judgment will contribute 
to their greater efficiency. 

Sec. 1189. The County Superintendent of Education shall attend 
the annual settlement of the County Treasurer with the Co'mptroller 
General. Within ten days after the County Treasurer makes his 
monthly report to the County Superintendent of Education, showing 
the amount of money collected by him since his last monthly report, 
it shall be the duty of the County Superintendent of Education to 
apportion the money arising from a tax on property as shown by 
the Treasurer's report among the School Districts of his County, 



1 



13 

and to certify such apportionments to the County Treasurer, together 
with the poll tax belonging to each district as shown by said report ; 
and it shall be the duty of the County Treasurer to enter upon his 
book to the credit of each School District the amount due each dis- 
trict according to such certificate of apportionment, and the County 
Treasurer shall pay out 'the money belonging to their respective dis- 
tricts, upon the school warrants of such districts, duly signed and 
countersigned by the school authorities, for that scholastic year in 
the order of their presentation, provided that there be no outstanding 
claims of the previous scholastic year; and the Comptroller General 
shall receive the warrants thus paid as proper vouchers in the hands 
of the County Treasurer. 

See Criminal Code for penalty for violation of this Section. 

Sec. 1190. The annual report of the County Board of Education 
sihall contain the complete statistics of all schools within his County 
supported in whole or in part from the public -funds, as may be re- 
quired of him by the State Superintendent of Education. 

Skc. 1191. The County Superintendent of Education shall make 
an annual report of all claims filed, audited and allowed and ordered 
paid by him during each fiscal year to the presiding Judge at the 
third term of the Court of General Sessions for his County, which 
shall ibe held after the first day of January in each year, to be sub- 
mitted by said Judge to the grand jury for their examination. After 
examination, the grand jury shall report thereon to the presiding 
Judge any matter growing but of or pertaining to said annual report 
which to them may seem worthy of the attention of the Court. The 
said report shall thereupon be filed by the Clerk of said Court and 
kept as papers of said Court, for inspection by any citizen desirous 
of examining the same. 

Sec. 1192. The County Board of Commissioners of each County 
are authorized and required to furnish the County Board of Educa- 
tion of their County with a comfortable and convenient office and 
suitable office furniture, and to supply said office with fuel, lights, 
stationery, postage and such other incidentals as are necessary to the 
proper transaction of the legitimate business of his office. 

Sec. 1193. It shall be the duty of the County Superintendent of 
Education, on or before the fifteenth day of July in each year, to 
report to the County Treasurer, by School Districts, all school claims 
approved by him for the school year last preceding, and the County 
Treasurer shall thereupon close their school accounts for that year, 



14 

carrying over any balance to 'the credit of eadh Scliool District of the 
then current fiscal year. 

Sec. 1194. The County Superintendent of Education shall keep a 
register of all claims approved by him and of such other matters 
as the State Superintendent of Education shall require of him, and 
in the form prescribed by the State Superintendent. 

Sec. 1195. The County Superintendent of Education shall furnish 
the School Trustees of his County with copies of the reports made 
to him by the County Auditor and County Treasurer as to the per- 
sons listed and paying poll tax, and shall aid the Trustees in making 
all proper corrections. 

Sec. 1196. The County Superintendents of Education shall keep 
in their office a die, in a circular form, upon the centre of which 
s'hall be engraved, in oapital letters, the word "seal," and on the cir- 
cumference the proper words indicating the ofiice, which shall be 
regarded as the seal of the office, and which the County Superin- 
tendent of Education shall be required to impress upon all papers 
issued from his office, and affix his name to such paper. And it shall 
be the duty of the County Board of Commissioners in each County 
to furnish the County Superintendent of Education of their respect- 
ive Counties with such seal. 

It is not necessary that claims approved by ihim be also under his 
official sedA.—State v. Morton, 51 S. C, 323 ; 28 S. E., 945. 

Sec. 1197. That the County Superintendents of Education of the 
various Counties of this State s'hall receive annual salaries as follows : 
Abbeville County, six ihundred dollars ; Aiken County, six hundred 
dollars ; Anderson County, seven hundred and fifty dollars ; Bamberg 
County, five dollars ; Barnwell County, five hundred dollars ; 
Beaufort County, four hundred dollars ; Chester County, six hun- 
dred dollars ; Berkeley County, three hundred dolliars ; Charleston 
County, nine hundred dollars; Chesterfield County, four hundred 
dollars ; Cherokee County, five hundred dollars ; Clarendon County, 
six hundred and twenty-five dollars ; Colleton County, five hundred 
dollars ; Darlington County, six hundred dollars ; Dorchester County, 
four hundred dollars ; Edgefield County, six hundred dollars ; Fair- 
field County, five hundred dollars ; Florence County, eight hundred 
dollars ; Georgetown County, six hundred dollars ; Greenville County, 
six hundred dollars ; Greenwood County, six hundred dollars ; Hamp- 
ton County, five hundred and fifty dollars ; Horry County, four hun- 



15 

dred dollars ; Kershaw County, five hundred dolliars ; Lancaster 
County, six hundred doLlars ; Laurens CiOunty, six hundred dollars ; 
Lexington County, six hundred dollars ; Lee County, five hundred 
dollars ; Marion County, eight hundred dollars ; Marlboro County, 
six hundred dollars ; Newberry County, six hundred and fifty dollars ; 
Oconee County, five hundred dollars; Orangeburg County, eight 
hundred and fifty dollars ; Pickens County, five hundred dollafs ; 
Richland County, twelve hundred dollars ; Saluda County, four hun- 
dred and fifty dollars ; Spartanburg County, twelve hundred dollars ; 
Sumter County, eight hundred dollars ; Union County, five hundred 
dollars ; Williamsburg County, six hundred dollars ; York County, 
seven hundred and fifty dollars. 

'Sec. 1198. In Abbeville, Marlboro, Chester, Lexington, Union and 
York Counties, they shall receive annually, in addition to the salaries 
mentioned in the -last Section, one hundred dollars, and in Laurens 
County, fifty dollars, for traveling expenses ; and in every other 
County of the State they shall receive annually, in addition to their 
salaries, such sum las may be necessary to pay the actual expenses 
incurred by them in attending meetings called for the purpose of 
advancing the educational interests, and for the purpose of visiting 
schools in other Counties in order to become familiar with their 
management and mode of teaching : Provided, That no such account 
shall be approved in favor of any County Superintendent of Educa- 
tion until such Superintendent of Education shall have furnished the 
County Board of Education with an itemized statement, under oath, 
of the expenses incurred : And Provided, further. That in no case 
shall the expenses exceed one hundred dollars, to be paid on the 
warrant of the County Board of Education. His claim for services 
and expenses shall be presented in the form of an account against 
the County Board of Education, and shall be verified hy affidavit to 
the effect that said account is just and true; tihat the service therein 
named was honestly and (faithfully rendered, and that the sum therein 
claimed is rightfully due and remains unpaid. When said account 
shall have been duly audited and approved by the County Board of 
Education, it shall be filed with the County Treasurer, who shall pay 
the same ratably out of the funds apportioned to the several School 
Districts in proportion to the average number of children attending 
the free public schools in each School District. 

The Act of 1899, Sec. 1197, held not to repeal Sec. 1057 of the 



16 

Revised Statutes of 1893, contained in this Section 1198. — Houser v. 
Orangeburg Co., 59 S. C, 265 ; S. E. 

Sec. 1199. There shaU be a County Board of Education in each 
County, composed of three members, one of whom shall be the 
County Superintendent of Education, and the other two shall be 
appointed by the State Board of Education at its regular meeting in 
April, 1897, and every two years thereafter, who shall hold their 
office for a term of two years from the time of their appointment 
and until their successors shall be appointed and qualified, unless 
sooner removed by the State Board of Education. 

Sec. 1200. The County Board of Education shall examine all can- 
didates for the position of teacher, and give to each person found 
qualified a certificate, setting forth the branches of learning he or 
she may be capable of teaching, and the percentage attained in each 
branch ; said certificate to be valid for a term O'f two years unless 
sooner revoked, and it may be renewed with or without exiamina- 
tion, at the discretion of the Board, all o'f which shall be done under 
such regulations as the State Board O'f Education may prescribe. 
No teacher shall be employed in any of the free public schools with- 
out a certificate from the County Board of Education or the State 
Board of Education : Provided, That no examination as to quali- 
fication shall be made in the case of any applicant who produces a 
full diploma from any chartered college or university of this State 
or Memminger Normal School of Charleston, and furnishes satis- 
factory evidence of good moral character: Provided, further, That 
the State Board of Education shall examine into the curriculum 
standing, faculty and equipment of each institution, and see that it 
is doing real college work, before certificates may be issued on its 
diploma. The two members oif the Board appointed by the State 
Board of Education shall receive for the services rendered by them 
compensation at the rate of three dollars per diem for not exceeding 
seven days in each year, and mileage of five cents for each mile O'f 
necessary travel, the same to be paid by the County Board of Com- 
missioners out of the ordinary County funds. 

Sec. 1200a. The members of the County Boards of Education of 
the various Counties of the State, appointed by the State Board of 
Education, shall each receive as a compensation for their service the 
sum of three dollars for each day necessarily employed and five cents 
per imile for each mile necessarily traveled in the public service ; the 



17 

number of days chiargied for in any one year not to exceed seven : 
Provided, That in all Counties of more than fifty thousand popula- 
tion, according to the United States Census of 1900, said members 
shall receive compensation herein fixed for not less than seven days 
nor more than twenty days, in the discretion of the County Superin- 
tendent of Education. 

Sec. 1201. It shall be the duty of the County Board of Education 
and the Boards of Trustees hereinafter provided for to see that in 
every school under their care there shall be taught, as far as practi- 
cable, orthography, reading, writing, arithmetic, geography, English 
grammar, the elements of agriculture, history of the United States 
and this State, the principles of the Constitution of the United States 
and this State, morals and good behavior, algebra, physiology and 
hygiene, and especially as to the effects oi alcoholic liquors and nar- 
cotics upon the human system, English literature, and such other 
branches as the State Board may from time to time direct. 

Sec. 1202. The County Boards of Education of the several Coun- 
ties of this State shall levy an annual tax of three mills on the dollar 
upon all the taxable property in their respective Counties, which tax 
shall be collected at the same time and by the same officers as the 
other taxes for the sam.e year, and shall be held in the County Trea- 
sury of the respective Counties, and on the first day of July of each 
year, or as soon as practicable thereafter, the said fund shall be 
apportioned by the said County Boards respectively among the 
School Districts of their respective Counties in proportion to the 
number of pupils enrolled in the pulblic schools of such School Dis- 
tricts ; and the said County Boards shall ascertain the amount of poll 
taxes collected in and for each School District of their respective 
Counties, and sihall notify the County Treasurer and the Trustees oi 
each School District of the amount of poll taxes, as well as of the 
amount of the aforesaid fund apportioned by them to each School 
District. 

The school funds of each School District shall be distributed and 
expended by the Board of Trustees for the best interests of the 
School District, according to the judgment of the Board of Trustees, 
on their warrant approved by the County Superintendent of Educa- 
tion. For the purpose of said apportionment pupils shall not be 
deemed enrolled until after an attendance of at least ten school days 
during the preceding scholastic year. 



18 

Mandamus will not issue to compel approval of warrant where 
the funds in Treasury are insufficient to pay it. — State ex rel. Wil- 
liams V. Hiers, 51 S. C, 388 ; 29 S. E., 89 ; State ex rel. Bryson v. 
Daniel, 52 S. C, 201; 29 S. E., 633. The power of the County 
Superintendent is also discretionary, and mandamus therefore is not 
the proper remedy. The remedy is given in next Section. State v. 
Hiers, supra. 

Sec. 1203. The County Board of Education shall constitute an 
advisory body, with whom the County Superintendent of Education 
shall have tihe right to consult when he is in doubt as to his official 
duty, and also a tribunal for determining any matter of local con- 
troversy in reference to the construction or administration of the 
school laws, with the power to summon witnesses and take testimony 
if necessary, and when they 'have made a decision said decision shall 
be binding upon the parties to the controversy : Provided, That either 
of the parties shall have the right to appeal to the State Board of 
Education, and said appeal shall be made through the County Board 
of Education in writing, and shall distinctly set forth the question 
in dispute, the decision of the County Board and the testimony as 
agreed upon by the parties to the cointroversy, or, if they fail to agree, 
upon the testimony as reported by the County Board. 

State ex rel. Williams v. Hiers, 51 S. C, 388; 29 S. E., 89. 

Sec. 1204. The County Board of Education shall meet for the 
purpose of examining applicants for teachers' certificates, and the 
transaction of other business, at least twice a year, at such places and 
at such times as the State Board of Education shall appoint. The 
County Superintendent shall be Chairman and Clerk of the Board, 
and shall keep a fair record of their proceedings, and register of the 
name, age, sex, color, residence and date of certificate of each person 
to whom a certificate is issued, and in case the certificate be cancelled 
shall make a proper entry of the same. The Board shall have power 
to revoke any certificate granted by them, for immoral or improper 
conduct, or evident unfitness for teaching. The Board shall hold as 
many additional meetings during the year as the interest of the free 
public schools of the County may require, subject to regulations pre- 
scribed by the State Board of Education. 

Sec. 1205. The County Boards of Education shall divide their 
Counties into convenient School Districts, aS' compact in form as 



19 

practicable, having regard to najtural boundaries, and not to exceed 
forty-nine nor be less than nine square miles in area, and shall alter 
the lines thereof, and create additional School Districts from time to 
time as the interests of the schools may, in their judgment, demand: 
Provided^ That no new School District shall be erected by said 
County Board of Education, except upon the petition of at least one- 
third of the qualified electors embraced within the limits of such 
proposed School District: Provided, further, Tlhat no School District 
shall be consolidated except upon a petition of at least one-third of 
the qualified voters of the School District proposed to be consoli- 
dated : Provided, further. Whenever territory emibraced in two or 
more Counties is proposed to be formed into one School District, the 
same may he formed by the joint action of the Board of Education 
oif the respective Counties as herein provided for the formation of 
School Districts in a County : Provided, That in cities of ten thousand 
inhahitants and over, this limitation of area shall not apply : Provided 
further, That when any Schooil District laid out under this Section' 
shall embrace cities or towns already organized into Special School 
Districts, in which graded school buildings have been erected by the 
issue of bonds, or hy special taxation, or by donation, all the territory 
included in said School District shall hear its jusit proportion of any 
tax that may be levied to liquidate such bonds or support the public 
schoods therein. The present division of the Counties into School 
Districts 'Shall remain until changed by the County Boards of Educa- 
tion. The County Boards of Education are authorized and em- 
powered to make contracts for the purpose of dividing their Counties 
into proper School Diistricts, and to provide for the payment of the 
expenses thereof out of the school funds of the County. Every School 
District now organized, or to be hereafter organized, in pursuance of 
this Section, is and shall be a body politic and corporate, by the name 
and style of School District No. (such number as may be desig- 
nated by the County Board of Education), of County (the 

name of the County in which the 'district is situated), the State of 
South Carolina ; and in that name may sue and be sued, and be capa- 
ble of contracting and being contracted with to the extent of their 
school fund, and holding such real and personal estate as it may come 
into posession Oif, by will or otherwise, or as is authorized by law to 
be purchased, all of which shall he used exclusively for school pur- 
poses. 



20 

As to the authority of Trustees, see State v. Bacon, 21 S. C, 120 ; 
9 S. E., 765. School District not necessary party to suit on County 
Treasurer's bond for misappropriating school funds. — Aiken County 
V. Murray, 35 S. C, 508 ; 14 S. E., 954. 

Sec. 1206. Each School District shall be under the management 
and control of the Boiard of Trustees hereinafter provided for, sub- 
ject to the supervision of the County Board of Education. 

Sec. 1207. The School Districts of the several Counties of the 
State are hereby made and declared to be the divisions of the Coun- 
ties for taxation for all school purposes. 

Sec. 1208. The voters or electors of any School District, who> 
return real or personal property for taxation, are authorized to levy 
and collect an annual tax, to supplement any special or other con- 
stitutional or other tax for like purposes, in following manner : upon 
the written petition or request of at least one-third of the resident, 
electors and a like proportion of the resident freeholders of the age 
of twenty-one years, being filed with the County Board of Educa- 
tion, asking for the same, and stating the rate of tax levy proposed, 
whiah shall not exceed four mills. The said County Board of Edu- 
cation shall order the Board of Trustees of said School District to- 
hold an election at some place within the district, at any time during- 
any fiscal year, after giving notice of the time and place thereof in 
some newspaper published within the County and by posting notice- 
thereof in at least three public places within such School District, 
for two weeks, unless there be no newspaper published within the- 
County, in which event the posting of the notices as above shall sufiice.. 
At which said election only such electors as return real or personal 
property for taxation, and who exhibit their tax receipts and regis- 
tration certificates as required in general elections, shall be allowed! 
to vote. At said election the Board of Trustees shall act as Man- 
agers, and the election shall be conducted as is provided by law for the 
conduot of general eleotions. At said election, each elector favoring- 
the proposed levy shall cast a 'ballot containing the word "Yes,"' 
printed or written thereon, and each elector opposed to said levy 
shall cast a badlot containing the word "No," printed or written 
thereon. Within ten days after such election, if the majority of" 
those voting shall vote for such levy, the Board of Trustees shall 
furnish the County Auditor with a statement of the amount so levied, 
and the Auditor shall enter the same in tJhe tax duplicates ; and he shalll 



21 

annually, each year ^thereafter, enter said am'ount in the tax dupli- 
cates until the same is increased, decreased, or repealed by said tax- 
payers, at election called for that purpose, at any time during any 
fiscal year, and he is notified that the same has ibeen increased, de- 
creased, or repealed ; and if increased or decreased, he shall annually 
enter it as before ; wihich election shall be called and notice given in 
the same way and manner as is herein provided for the calling of 
meetings to make the levy and the giving of notice that it has been 
made; and the County Treasurer shall collect the same as other 
County and State taxes : Provided, That any tax which may be levied, 
increased, decreased or repealed, after October 1st in any fiscal year, 
shall not take effect until the next succeeding fiscal year. Such lev>' 
shall be a lien on the property in such School District, which shall 
be subject thereto in case of default of payment. Said tax so col- 
lected shall be paid out by the County Treasurer upon warrants 
drawn by the Board of Trustees, countersigned by the County Super- 
intendent of Education : Provided, That any surplus of such levy 
remaining in the hands of the County Treasurer at the expiration 
of any fiscal year shall be paid out as other school funds oi the 
district. Each taxpayer, when he pays any tax for school purposes 
voted under the provision of this Section, shall have the right to 
designate to which school in said School District he wishes the money 
paid by him to go ; and the Treasurer shall keep a note of such desig- 
nation, and the money shall be applied as thus designalted. When no 
designation is made by the taxpayer at the time of such payment, 
the money shall be expended as other school funds in such districts : 
Provided, That nothing herein contained shall be construed to change 
the manner now provided by law for the collection and paying out 
of special taxes in any School District now established by any Special 
Act of the General Assembly and organized thereunder. 

Proceedings to levy tax; taxpayer participating estopped to deny 
regularity, &c. — Martin v. School District of Laurens, 57 S. C, 125 ; 
35 S. E., 517. 

Sec. 1209. Whenever it shall happen that by reason of the location 
of Special School Districts portions of two adjacent Counties should 
for convenience be included in one School District, the County 
Boards of Education of such Counties are hereby authorized and 
directed in joint conference to make such regulations as will enable 
such sections to be established into a separate School District. 



22 

Sec. 1210. Each County Board oif E'ducation, on the first Tuesday 
of July, 1905, and on the first Tuesday in July twO' years tihereafter, 
shall appoint for each School District in their County three School 
Trustees, from the qualified electors and itaxpayers residing in the 
district, who shall hold their office for twO' years, and until their 
successors are appointed and qualified, unlesis sooner removed by the 
County Board of Education. The County Board of Education shall 
have power to fill, from time to time, all vacancies in the Board of 
Trustees. The School Trustees shall meet as a Board as soon and 
as often as practicable, and after having been appointed and qualified, 
at such place as^ may be moist convenient in the district. At their 
first meeting they s'hall organize by electing one of their number 
Chairman of the Board, who shall preside at the official meetings 
of the Board, and another Clerk of the Board, who shall record their 
proceedings in a book provided for that purpose. Each member of 
the Board of Trustees shall be duly notified of all meetings of the 
Board by the Clerk of the Board : Provided, That the foregoinig pro- 
visions of this Section shall not apply to Special and Graded School 
Districts created by special Acts ; but that the Trustees and School 
Commisioners of all Special and Graded School Districts shall remain 
the same in number, and shall be elected or appointed in the same 
manner, and s'hall hold the office for the same time as is provided for 
in the respective special Acts ; except that in the Special School Dis- 
tricts where the Trustees, or their successors, are appointed by the 
State Superintendent of Education under the provisions of the spe- 
cial Acts, the Trustees shall hold office until the first Tuesday in July, 
1905, on which day, and on the same day every two' years thereafter, 
the Trustees s'hall be elected by the qualified electors of sudh School 
District : Provided, That Special School Districts having a popula- 
tion of not less than five thousand inhabitants, and in which the 
Boards are not fixed by special or specific legislation, may elect, on 
the second Tuesday in January, 1904, or on the second Tuesday in 
January of any alternate year thereafter, nine Trustees, to- constitute 
a Board in their respective districts : Provided, further. That three 
of the said Trustees to be elected at said election- shall serve for a 
term of twO' years, three for a term of four years, and three for a 
term of six years, the term of each Trustee tO' be determined by lot 
in the presence of the County Board of Education ; and on the second 
Tuesday of January every two years thereafter, three Trustees shall 
be elected to serve for a term of six vears. The election of all Trus- 



23 

tees for all such School Districts shall be by ballot, and shall be 
conducted under the supervision of three qualified electors residing 
within the district, who shall be appointed by the County Board of 
Education, at least ten days prior to the holding of the election. The 
Managers shall report 'the result of the election to the County Board 
of Education, within ten days thereafter, which Board shall com- 
mission the Trustees so elected. The Board of Trustees of each 
Special or Graded School District shall elect from their number a 
Chairman, who shall preside at their meetings, and a Secretary, or 
Secretary and Treasurer, who shall record the proceedings of the 
Board, and who shall keep a full and accurate account of all moneys 
received and expended, showing the source and disposition of each 
item, and who ishall make a complete itemized report of the receipts 
and disbursements of each scholastic year to the County Superin- 
tendent of Education, on or before the loth day O'f July of each year. 
The books and vouchers of the Secretary and Treasurer shall be open 
at all times to inspection by the public : Provided, further, That upon 
the petition of one-third of the qualified electors of School District 
No. 13, in Abbeville County, filed with the County Superintendent of 
Education, on or before the first day of June in any year, when 
School Trustees are to be appointed, the County Board of Education 
shall order an election to elect the Trustees for School District No. 
13 in the manner herein provided for in the election of Trustees of 
Special School Districts. 

Sec. 1211. The Board of Trustees in each School District shall 
take the management and control of the local educational interests 
of the same, and shall visit each School District at least once in every 
school term, and shall be subject to the supervision and orders of the 
County Board of Education. 

State ex rel. Bryson v. Daniel, 52 S. C, 201 ; 29 S. E., 633. 

Sfx. 1212. The Board of Trustees shall hold a regular session in 
their School Districts at least two weeks before the commencement 
of any or every school term for the transaction of any and all business 
necessary to the prosperity of the schools, with power to adjourn 
from time to time and to hold special meetings at any time or place 
when called upon by the Chairman or any two members of the Board. 

Sec. 1213. The School Trustees of the several School Districts 
are authorized and empowered to sell any school property, real or 
personal, in their School Districts whenever they deem it expedient 



24 

to do so, and to apply the proceeds of sale or sales to :the school fund 
•of the district wherein suc'h sale is made : Provided, That the consent 
of the County Board of Education be first obtained by the Trustees 
•desiring to make such sale. That it shall 'be the duty of the said 
Board of Trustees, within thirty days after said sale, to enclose a 
report of the same to the County Board of Education, setting forth 
the terms and amount of said sale. 

Se;c. 1214. When it shall so happen that persons are so situated as 
to be better accommodated at the school of an adjoining School Dis- 
trict, whether special or otherwise, the Board of Trustees of the 
School District in which such persons reside may transfer such per- 
sons for education to the School District in which such school is 
located; and the Trustees of the School District where the school is 
located shall receive such persons into the school as though they 
resided within the district : Provided, That children shall not be trans- 
ferred from a School District in one County to a School District in 
an adjoining County without the consent of the Board of Education 
of the respective Counties in which the transfer is made : Provided, 
further, That if any taxpayer pays taxes in two or more Counties, 
he shall have the right to send his children to the school of any one 
of said Counties. 

For directions as to enrollment, see Sec. 1185, ante. 

Se;c. 1215. Each school teacher shall make out and file with tihe 
Clerk of the Board of Trustees, at the expiration of each school 
month, a full and complete report of the whole number of pupils 
admitted to the school during each month, distinguishing between 
male and female, the average attendance, the branches taught, the 
numJber of pupils engaged in studying each of said branches, and 
such statistics as he or she may be required to make by the County 
Board of Education : Provided, That whenever a teacher is unavoid- 
ably prevented from filing said report at the expiration of any school 
month, the Board of School Trustees may have authority to receive 
the report within a reasonable time thereafter, if, in their opinion, 
the reasons for the delay are good and sufficient. On the filing of 
the teacher's report and its approval by the Board of Trustees, their 
Clerk shall draw an order in duplicate on the County Treasurer for 
the amount due such teacher, which shall be signed by the Board, 
which order, if accompanied by a copy of said monthly report and 



35 

approved by the County Superintendent of Education, shall be coun- 
tersigned by him .and ithe duplicate filed in his office. 

Sec. 1216. All claims, of every description whatsoever, which are 
chargeable against the fund raised for the support of the free public 
schools of the State, except such as are otherwise provided for by 
law, must be signed by at least a majority of the Board of Trustees 
of the School District against which the claimis are chargeable ; and 
the correctness and legality of the same shall be sworn to and sub- 
scribed by the person presenting such claim before it shall be ap- 
proved by the person or persons authorized by law to give such 
approval. School Trustees and County Superintendents of Educa- 
tion sball, free of charge, administer oaths to persons presenting the 
claims contemplated by this Section. 

State ex rel. Williams v. Hiers, 51 S. C., 388 ; 29 S. E., 90 ; State 
V. Morton, 51 S. C, 323 ; 28 S. E., 945. 

Sec. 1217. It shall be unlawful for a School Trustee to receive pay 
as a teacher of a free public school. 

Sec. 1218. The Board of Trustees shall also have authority, and 
it shall be their duty : 

Isit. To provide suitable school houses in their districts, and to 
make the same comfortable, paying due regard to any school house 
already built or site procured, as well as to all other circumstances 
proper to be considered so as best to promote the educational interests 
of their district. 

Location of school house site by Trustees. — Sligh v. Bowers, 62 
S. C, 409 ; 40 S. E., 885 ; Young v. Trustees Fountain Inn Graded 
School, 64 S. C, 131 ; 41 S. E., 824. 

3d. To employ teachers from ttiose having certificates from their 
County Board of Examiners or from the State Board of Education, 
and to fix their salaries, and to discharge the same when good and 
sufficient reasons for so doing present themselves, subject to the 
supervision oi the County Board of Education. 

Construed in .connection with Sec. 1211 to mean "subject to the 
supervision and orders of the County Board of Education." — State ex 
rel. Bryson v. Daniel, 52 S. C, 201 ; 29 S. E., 633. 

No general or special School Trustees shall 'hereafter employ any 
teacher who has not a certificate to teach in the free public schools 



26 

oi 'the State. This provision, however, not to affect the employment 
of any teadher now teaching in any of the schools of the Special 
School Districts : Provided, further, That the Trustees of any such 
school shall always have the rig-ht and power to impose any addi- 
tional examinaitions and qualifications they may deem proper before 
or after employing any teachers : Provided, also, That all funds of 
the free public schools of this State other than those arising from the 
special levy of Special School Districts shall be paid out of the 
County Treasury, upon warrants duly vouched by the School Trus- 
tees of the respective schools or School Districts, or otherwise, as 
provided by the laws governing any Special School District. 

3d. To suspend ot dismiss pupils when the best interests of the 
schools make it necessary. 

4th. To call meetings of the qualified electors of the district for 
consultation in regard to the school interests thereof ; at whidh meet- 
ings the Chairman or other member of the Board shall preside, if 
present. 

5th. To take care of, manage and control the school property of 
the district. 

6th. To visit the free public schools within their district, from time 
to time, and to take care that they are comducted according to law 
and with the u.tmost efficiency. 

• 7th. They :sihall be allowed to cross all bridges or ferries free of 
charge when they are traveling on official business. 

Sec. 1219. The County Auditor shall require each taxpayer to re- 
turn the number and name of the School District in which he resides 
when ihe makes his tax return, and the Auditor shall state the name 
in a separate column in the tax duplicates. 

Sec. 1220. The County Auditor, when he has completed the tax 
duplicates, shall report to the County Superintendent of Education, 
by School Districts, the names listed for poll tax, and the amount of 
taxable property w'here there is a special levy. 

Sec. 1221. The several County Treasurers shall retain the poll tax 
collected in their respective Counties ; and it is hereby made the duty 
of the said Treasurer in collecting the poll tax to keep an account 
of the exact amount of said tax collected in each School District in 
his County, and the poll tax collected therein shall be expended for 
school purposes in the School District from which it was collected ; 
and any violation of this iSection by the County Treasurer shall con- 
stitute, and is hereby declared, a misdemeanor, and on convictior. 



27 

thereof the said County Treasurer shall pay a fine of not more than 
five hundred dollars, to he used for school purposes in the County 
suffering from such violation, or imprisonment, in the discretion oi 
the Court. 

Sec. 1222. Each County Treasurer, when he has finished the col- 
lection of taxes for his County, shall report to the' County Superin- 
tendent of Education the names of the persons in the respective 
School Districts who have paid their poll tax. 

Sec. 1223. It shall he the duty oif each County Treasurer to report 
monthly, on the fifteenth day of each mo^nth, to the County Superin- 
tendent of Educaltion of his County, the amount of collectio'ns and 
disbursements made by him for the month on account of school tax 
and all other school funds ; and it shall be a misdemeanor on the part 
o'f any County Treasurer to neglect, fail or refuse to make such 
report, and on conviction thereof he shall pay a fine of not more than 
five hundred dollars, the same to be used for school purposes in his 
County. 

Sec. 1224. All moneys disbursed by any County Treasurer on ac- 
count O'f school funds, taxes or other school funds, shall be paid on 
the order of the Board of School Trustees, countersigned by the 
County Superintendent of Education, or as otherwise directed by law. 

Bx parte Board of Commissioners Florence Graded Schools, in re 
McDume, School Commissioner, 43 S. €., 11 ; 20 S. E., 794. 

Sec. 1225. Each County Treasurer shall make out and forward to 
the State Superintendent of Education annually, on the first day of 
November, a certified statement showing (by School Districts) the 
amount of poll tax and the amount of all other school taxes collected 
by him for the fiscal year ending on the 31st day of December next 
preceding ; and should any County Treasurer fail or neglect or refuse 
to make and forward the statement as herein required, the State 
Superintendent of Education shall make a written complaint to the 
Circuit Solicitor for the County in which the said Treasurer resides, 
who shall prosecute the said County Treasurer for the same, and on 
conviction thereof he shall be subject to a fine of not more than five 
hundred dollars, the same to be used for free public school purposes 
in his County. 

Sec. 1226.^ The County Treasurer shall carry forward all sums in 
his hands collected for any previous year or years for school pur- 
poses, and unexpended, to the next fiscal year, and credit the same 



28 

to the School District respectively for which it was apportioned, and 
he shall report the same to the County Superintendent of Education. 
Sec. 1227. It shall be unlawful for any County Treasurer, County 
Auditor, member of County Board of Education, or School Trustee, 
to buy, discount or share, directly or indirectly, or be in any way 
interested in any teacher's pay certificate or other order on school 
fund, except such as are payable to him for his own services, or for 
any School Trustee to make any contract, or be- pecuniarily inter- 
ested, directly or indirectly, in any contract with any School District 
of which he is Trustee. 

See Criminal Code for penalty for violation of this provision. 

Sec. 1228. The County Board of Education shall regulate the 
opening and closing of the school terms, so as best to promote and 
subserve the educaitional interest of the different sections of their 
Counties : Provided, That all contracts which Boards of Trustees may 
make in excess of the funds apportioned to their districts shall be 
void. 'And no teacher shall be employed Iby a Board of Trustees of 
any School District who is related to a member of the Board by con- 
sanguinity or affinity within the second degree, without the written 
approval of the Board of Education of the County, nor unless a ma- 
j ority of the parents or guardians of the children attending the school 
for which such teac'ber is employed requests such employment in 
writing. 

Sec. 1229. It shall not be lawful for any person who is less than 
six or more than twenty-one years of age to attend any of the free 
public schools of this State. 

Sec. 1230. The members of the State Board of Education ap- 
pointed by the Governor, members of the County Boards of Educa- 
tion appointed by the State Board of Education and members of the 
Board of Trustees shall be exempt from militia duty. 

See Criminal Code for penalty for members of County Boards of 
Education and School Trustees attempting to act after expiration of 
their term, or removal from office ; and for teachers acting as agents 
for school books. 

Sec. 1231. It shall he unlawful for pupils of one race to attend the 
schools provided by Boards of Trustees for persons of another race. 

Sec. 1232. The scholastic year shall begin on the first day of July 
of each year, and end on the thirtieth day of June following. 



29 

Sec. 1233. The free public schools of the State shall he kept open 
and the exercises thereof continued, in each School District in the 
State, for a period of at least three months in each and every year. 

Sec. 1334. The Comptroller General, in determining- whether any 
deficiency exists in any School District, for the purposes of the dis- 
tribution of the fund mentioned in the next succeeding Section, shall 
make his estimate upon the basis of the allowance to each school in 
every School District, out of the three mill constitutional tax and poll 
tax, the sum of seventy-five dollars for the expense of such term of 
three months, for each school existing during the scholastic year 
1897-1898. 

Sec. 1235. All net income derived by the State from the sale of 
liquors in this State, under tihe Dispensary Law, shall be apportioned 
among the various Counties of this State, for the benefit of the com- 
mon schools, in proportion to the deficiencies existing in the various 
Counties of this State, after the application of the three mill tax anxi 
the poll tax, to run the public schools for the time fixed in Section 
1233 ; and if there shall be a surplus remaining of such net income, 
after such deficiencies shall have been equalized, it shall be devoted 
to public school purposes, and be apportioned among the Counties in 
proportion to the enrollment in the public schools, as shall appear by 
the report of the State Superintendent of Education for the next 
preceding scholastic year, and be distributed among the School Dis- 
tricts of the Counties, and be disbursed as other school funds : Pro- 
vided, -That out of said surplus there shall be appropriated five 
thousand dollars for the purpose of maintaining institutes for the 
better instruction of the teachers of the public schools, the same to 
be paid on the warrant of the Governor and the State Superintendent 
of Education ; and all funds derived from said Dispensary Law, not 
already disbursed, shall be apportioned in the same way. 

When mandamus will issue to compel apportionment. — State ex 
rel. Capers v. Derham, 54 S. C, 349 ; 32 S. E., 418. 

Sec. 1236. Such apportionment shall be made by the Comptroller 
General quarterly, and he shall draw his warrant upon the State 
Treasurer in favor of the County Treasurer of the respective Coun- 
ties for the amounts apportioned to such Counties, respectively. 

Sec. 1236a. (1.) The Directors of the State Dispensary shall pay 
over to the State Treasurer by January 1st, 1904, in equal semi- 
annual payments, all of the school fund reported by them in excess 



30 

of four hundred tihousand dollars, for the ibenefit of the common 
schools of the State, to be appontioned by and paid out on the war- 
rant of the Oomptroller General as is now provided by law for the 
apportionment and payment of Dispensiary profits for the benefit of 
said schools : Provided, That the first payment shall be made on the 
30th day of June, 1903. 

(3.) The Directors of the State Dispensary shall make quarterly 
settlements for the purpose O'f ascertaining the net profits accruing 
to the State from the sales made from the State Dispensary, and shall 
pay over the profits so ascertained to the State Treasurer within ten 
days thereafter, for the benefit of the com'mon schools of the State, 
to be apportioned by and paid out on the warrant of the Comptroller 
General as is now provided by law for the apportionment and pay- 
ment of Dispensary profits for the benefit of said schools. The first 
settlement made under this Act shall be on the 31st day of March, 
1902. 

(3.) The County Treasurers of the several Counties of this State 
shall not pay to the authorities of the several cities and towns, en- 
titled to Dispensary profits, their share of such profits except upon 
the warrants of the County Board of Control and County Auditor 
issued to the authorities of said cities and towns, when settlements 
are made by them as required by law. The said County Board of 
Control and County Auditor shall at the same time also certify in 
writing to the County Supervisor of the County entitled to share the 
Dispensary profits the amount thereof to which the County is entitled. 

(4.) All profits from County Dispensaries subject to distribution 
among the Counties, cities and towns of the State which have accrued 
since the fourth Monday of December, 1901, and which may here- 
after accrue, shall he distributed monthly among the Counties, cities 
and towns entitled thereto in the proportion fixed by law, and that 
the settlements to ascertain the same shall be made on the fourth 
Monday in each month, instead of quarterly, as heretO'fore provided 
by law. 

Sec. 1237. The State Superintendent of Education may advertise 
for bids for all printing required under this Chapter, and shall let 
the same to the lowest bidder therefor, who shall be required to file 
with bis hid a bond in double the amount of his bid for the faithful 
performance of the contract. 

Sec. 1238. Nothing contained in this Act shall be construed to 
repeal the Acts of the General Assemhly creating Special and Graded 



31 

School Districts, and the provisions of said Acts shall apply to said 
School Districts : Provided, That the Trustees of said School Districts 
and Commissioners of the city schools of Oharleston shall make an- 
nual reports to the State Superintendent of Education in such form 
and at such time as he may prescribe : Provided, fitrther, Whenever 
under the provisions of law any School District or municipal corpora- 
tion is authorized to levy a special tax for the support of public 
schools therein, any person not a resident of said School District or 
municipal corporation shall be entitled to a credit upon fees- for the 
tuition of his or her children by the amount of such special tax paid 
by such person. 

Rig-hts O'f Special School Districts. — Holler v. Rock Hill School 
District et al, 60 S. C, 41 ; 38 S. E., 220 ; Martin v. School District 
of Laurens, 57 S. C, 125 ; 35 S. E., 517. 

Sec. 1239. The County Boards of Education of the several Coun- 
ties of this State are hereby authorized and required to set aside from 
the public school funds of their respective Counties an amount not 
exceeding five hundred dollars, for the purpose of providing the 
pupils attending the free public schools of their Counties with school 
text-'books at actual cost or exchange prices, the amount so set aside 
from the school funds shall be paid to the County Superintendent of 
Education 'by the County Treasurer out of the unappropriated gene- 
ral school funds in his hands, on the warrant of said County Board 
of Education, and shall be and remain permanent funds in the hands 
of the County Superintendent of Education to be used in purchasing 
and keeping on hand school text-books for sale to pupils attending 
the free public schools in his County, for cash, at actual cost or ex- 
change prices, and to be used for no other purpose and in no other 
manner; and the places where said school text-books are kept and 
sold shall be deemed depositories, under the control of the State, as 
provided in the seventh article or provision in the contract made in 
1893 with the publishers of school text-books. That the County Su- 
perintendent of Education in every County in the State be, and is 
hereby, required to keep his office open each day of the week prior 
to the time appointed for schools to open in his County, and for one 
week immediately thereafter, and for at least one day in each week 
during the remainder O'f the school term, for the convenience of those 
wishing to purchase hooks : Provided, That in the Counties of 
Charleston, Chesterfield, Georgetown, Kershaw, Lancaster, Laurens, 



Greenwood, Ivexington and Richland, the County Boards of Educa- 
tion are hereby authorized and empowered, but not required, to carry 
out the provisions of this Section : Provided, hozvever, That nothing 
herein contained shall prevent the keeping of said depository in some 
other place than the office of the Superintendent of Education, if in 
his judgment it is best to do so. 

Ssc. 1239a. Whenever it shall be made to appear to the satisfac- 
tion of the Trustees of any School District that any patron of such 
school is unable by reason of poverty to purchase the necessary books 
for the use of his or iher child or children, then in such case the Trus- 
tees of such School District may, in their discretion, purchase such 
necessary books for such pupils, and furnish the same to pupils under 
such regulations as the Trustees may prescribe : Provided, The sum so 
expended for the purchase of said books shall ndt exceed the sum 
of five per cent, of the school fund of said district in any one year : 
Provided, further. That the books so purchased shall be the property 
of such public School District, and must be returned to the Board 
of Trustees at the end of each term. 

Sec. 1240. That in all schools and colleges within this State which 
are supported in whole or in part from the free scliool funds, it shall 
be unlawful to use any text-book which 'has been condemned or dis- 
approved by the State Board of Education. 

Sec 1241. All persons holding school claims against any County 
of this State which are unpaid are hereby permitted and allowed to ■ 
prove and establish the same before the County Superintendent of 
Education, the County Treasurer and County Auditor of said County. 

If said claims are declared valid and binding obligations by said 
County Superintendent of Education, Auditor and Treasurer against 
the School District for which they were issued, the County Treasurer 
of said County is herelby authorized and directed to pay any of said 
claims declared valid out of the first anoney coming in his hands as 
Treasurer belonging to the School District against which said claim 
or claims are established. 

See Acts 1901, XXIIL, 826, as to payment of claims in Clarendon, 
Laurens, Marion, Newberry and Sumter Counties. 

Sec. 1241a. The County Treasurers and the County Supervisors 
of the several Counties in this State be, and they are hereby, author- 
ized and required, upon the application of the County Boards of 
Education of the respective Counties, to borrow, from time to time 



33 

during any fiscal year, such sums of money as may be necessary to 
pay the school claims of such Counties, not to exceed seventy-five 
per cent, of the amount reported by the County Auditors for schools 
for said fiscal year, at a rate of interest not exceeding the rate of 
seven per centum per annum, and to pledge the taxes to be collected 
for that purpose for the payment of the money so borrowed and the 
interest thereon : Provided, That all money borrowed shall be held 
and paid out by the County Treasurer as school funds and without 
extra commission. 

Sec. 1241b. In any County in this State where the schools have 
not funds sufficient to pay all claims in cash, the County Board of 
Education may, at its discretion, direct the County Superintendent of 
Education to set aside from the school funds of the County, or any 
of the School Districts, an amount annually of not exceeding ten 
per cent, of such funds, for so many years as may be necessary to 
create a sufficient fund to put the schools of such County or any of 
the School Districts on a cash basis. 

Sec. 1241c. Whenever said reserve fund reaohes such an amount 
sufficient to put said County or School District, as the case may be, 
on a cash basis, then said fund may be used for said purpose : Pro- 
vided, That in each year during the time necessary to create such 
reserve fund, the County Superintendent of Education shall use the 
fund accumulated as a loan, without interest, to pay claims held by 
teachers to whom the pay certificates were originally issued, the 
funds so used to be replaced annually from taxes collected for school 
purposes. 

Sec. 1242. The free public schools of this State shall observe the 
third Friday in November of each year as Arbor Day, and on that 
day the school officers and teachers shall conduct such exercises and 
engage in the planting of such shrubs, plants and trees as will im- 
press on the minds of the pupils the proper value and appreciation to 
be placed on flowers, ornamental shrubbery and shade trees. 

Sec. 1243. The Trustees, officers or persons in charge of all liter- 
ary, scientific or professional institutions of learning incorporated, 
supported or aided by the State, of all schools or private educational 
institutions, shall, on or before the fifteenth day of July in each year, 
make a report in writing to the State Superintendent of Education, 
of such statistics as the Superintendent shall prescribe relating tO' the 
num?ber of pupils and instructors, courses of study, cost of tuition 



34 

and the general condition of the institution or school under their 
charge. 

The Superintendent shall prepare (blank forms of inquiry for such 
statistics, and shall send the same to every such institution or school 
on or before the 10th day of Miay in eadh year ; and so much of said 
information as he may deem proper be incorporated in his annual 
report. 

See Section 1318, ante, as to restrictions on power of School Trus- 
tees in the employment of teachers. 

G. S., Vol. 24, Sec. 442. Whenever the patrons and friends of a 
free public school shall raise by private subscription and tender to 
the County Treasurer, with the approval and endorsement of the 
School Trustees of such School District, for the establishment of a 
library to be connected with the said school, the sum of ten dollars, 
the County Board of Education shall appropriate from the money 
belonging to the School District asking for the library, the sum of 
ten dollars for this purpose (together with ten dollars from the gene- 
ral County school fund for a suitable bookcase, which shall be ap- 
proved by the County Board of Education.) 

As soon as the County Board of Education of any County shall 
have made an appropriation for a library in the manner prescribed, 
die County ' Superintendent shall inform the Secretary of the State 
Board of Education of the fact, wibereupon the said State Board of 
Education shall remit the County Superintendent the sum of ten 
dollars for the purchase of books for said library. Upon the receipt 
of this money, the County Superintendent shall deposit the same 
with the County Treasurer, and shall issue to the person or persons 
appointed to select the books, a warrant on the County Treasurer for 
the amount secured by private subscription, by appropriation from 
the County Board of Education, and by the State Board of Educa- 
tion. 

The local Board of Trustees is hereby appointed to select the 
books, and shall select such books as they may deem best suited for 
such purpose, and file with the County Superintendent of Education 
vouchers for the whole amount received : Provided, That no voucher 
shall, be valid except for books, bookcases, and transportation 
charges: Provided, further, That such purchases shall be from a 
list furnished by tihe State Board of Education, which the said State 
Board shall adopt books for libraries, under the law and rules gov- 



35 

erning the adoption of text books, and shall make rules for the gov- 
erning of said libraries. 

T^he Trustees of every library shall carry out such rules and regu- 
lations for the proper use and preservation of the books as may be 
enjoined by the State Board of Education, and shall make provisions 
for 'having all books, when not in circulation, kept under lock and 
key. 

The Trustees of two or more libraries may, by agreement, ex- 
change libraries : Provided, That no exohange shall be made oftener 
then once in six months, and no part of the expense of exchanging 
libraries shall be borne by the public. 

That the sum of $5,000 be annually appropriated to be expended 
by the State Board of Education, under the provisions of this Act. 

Not more than 25 schools in any County, in any one year, created 
and operated under the general free school law of the State, sball be 
entitled to the benefits of this Act, and no School District shall re- 
ceive any moneys under its provisions, except schools operating 
under the general free school law of the State. The schools receiv- 
ing this benefit shall be deci'ded by the County Board of Education. 

Wihenever the patrons or friends of any free public school in 
which a library has been established under the provisions of the laws 
of this State, shall raise by private subscription and tender the Trea- 
surer of the 'County School Kund, the sum of five dollars for the 
enlargement of the library, the County Board of Education shall 
appropriate from the money belonging to that School District, the 
sum of five dollars, and the State Board of Education shall remit to 
the County Superintendent of Education, the sum of five dollars. 
The money thus collected and appropriated shall be used for the 
enlargement of libraries already established under the same rules 
and restrictions as govern the establishment of new libraries : Pro- 
vided, No appropriation shall be made for the purpose of enlarging 
any established library wbere the same will prevent or interfere with 
the establishing of a new library. 

G. S., Vol. 24, Sec. 452. That the County Boards of Education of 
the various Counties of this State be, and the same are hereby, au- 
thorized to annually set aside, from the surplus remaining from the 
net income derived by the State from the Dispensary profits, an 
amount equal to five per cent, of the entire public school funds of 
their respective Counties, which said amounts sha'll be used by the 
said County Boards oi Education for the purpose of encouraging 



36 

and aiding in the construotion of adequate public school buildings in 
their respective Counties. 

That when the friends, patrons or Trustees of any public school 
in any School District of any County in this State shall raise by 
private subscription, special tax, regular tax, sale of old buildings, 
issuing bonds, or otherwise, funds 'for building a school house in 
such district, the County Board of Education of such County shall 
turn over to the Trustees of such school, from funds set aside for 
such purpose under this Act, fifty dollars ($50) for each one hun- 
dred dollars ($100) so raised by sucli friends, patrons or Trustees 
for constructing such school building: Provided, No one school 
shall receive more than three hundred dollars under the provisions 
of this Act : Provided, further. That no more than one school in any 
one district, in any one year, shall receive such aid. 

That County Boards of Education shall give the preference to 
School Districts which have combined and consolidated two or more 
school buildings. 

That any School District availing itself of the provisions of this 
Act s'hall comply with plans and specifications approved by the State 
Board of Education. 

That no s'dhool shall receive aid under the provisions of this Act 
without the approval of the County Board of Education. 

That the funds provided for in this Act be paid out by the County 
Treasurer only upon the warrant of the County Board of Education, 
countersigned by the County Superintendent of Education, and any 
funds not used by the end of the year, shall revert back to the gene- 
ral school fund of the respective Counties. This Act to go into 
effect immediately on its approval. 

G. S., Vol. 24, Sec. 483. That whenever any children of school 
age, as provided by law, shall attend a public night school for twenty 
nig'hts in any sdholastic year, they shall be deemed enrolled and their 
names shall be used by the County Boards of Education in making 
apportionments just as if they had attended day schools ten days as 
provided by law : Provided, That the said night schools sihall be 
taught by teachers qualified by law to teach in the public schools of 
the State : And Provided, also, That the couse ol istudy shall be the 
course approved by the State Board of Education for use in the 
public schools of the State. 

That the same children sihall not be counted twice in making up 
the enrollment of a School District. 



37 

G. S., Vol. 24, Sec. 441. That immediately after the approval of 
this Act by the Governor, the County Superintendents of Education 
in the several Counties of this State are hereby authorized and re- 
quired to select and secure a reliable merchant, postmaster or other 
reliable person in each township in each County, with whom there 
shall be deposited a sufficient number of school books for sale for 
schools in that township, at not exceeding ten per cent, above first 
cost; and that accurate accounts thereof shall be kept by the said 
County Superintendent with each depository. 

G. S., Vol. 25. That the public schools of this State shall observe 
Calhoun's birthday, the 18th of March of each year, as "South Caro- 
lina Day," and on that day the school officers and teachers shall con- 
duct such exercises as will conduce to a more general knowledge and 
appreciation of the history, resources and possilbilities O'f this State : 
Provided, That if the said day shall fall on Saturday or Sunday that 
the Kriday nearest to March 18th shall be selected : Provided, fur- 
ther. That if any school shall not be in session on the said date, that 
the celebration may be held before the close of the term. 

That the State Superintendent of Education shall suggest such 
topics or programs as he may deem appropriate for the celebration 
of South Carolina Day. 

G. S., Vol. 25. There shall be imposed and assessed on all dogs in 
this State a capitation tax of fifty cents annually on each dog, the 
proceeds of whioh shall be expended for school purposes, in the seve- 
ral districts in which it is collected. 

That dogs shall be returned in the same manner and at the same 
time that other property is returned for taxation. 

That the capitation tax on dogs provided for in this Act shall be 
collected at the same time and in the same manner that other taxes 
are now collected. 

That the capitation tax provided for in this Act, shall be, and 
constitute, a first lien in favor of the State of South Carolina on all 
property owned by any person who owes any such capitation tax. 
That the collection of the capitation tax provided for in this Act may 
be enforced against any property owned by the debtor of such tax in 
the same way and manner as if it were a tax assessed on that specific 
piece of property. 



38 

That no dog which is not returned for taxation, as required in this 
Act, shall be held to be property in any of the Courts of this State, 

That it shall be the duty of the County Auditor and Township 
Assessors and the School Trustees to enforce the provisions of this 
Act, so far as it relates to listing idogs for taxation. 



39 



Regulations of State Board 

Section 1. The Governor shall be Chairman, and the State Super- 
intendent oif Education, Secretary of the Board. 

Sec. 2. The Board shall meet on the first Friday in January, May 
and September of each year, and at such other times as the Chair- 
man may designate. 

Sec. 3. The Secretary shall keep a record of the actions of the 
Board in a book provided for that purpose. 

Sec. 4. The order of business shall be as follows : Calling to order, 
reading of minutes of the previous meeting, unfinished business, 
reports of Committees, report of the Chairman, report of the Secre- 
tary, and new business. 

Sec. 5. All Resolutions shall be reduced to writing by the mover, 
and likewise all amendments. 

Sec. 6. A motion must receive a second before it can be entitled to 
consideration by the Board. 

Sec. 7. The Chairman and Secretary are authorized to fill all 
vacancies that may occur in the County Boards of Education, and to 
report their action to the Board at its next meeting for its considera- 
tion. 

Sec. 8. Should a vacancy occur in the office of County Superin- 
tendent of Education it shall be filled by the Chairman and Secretary 
of the Board, subject to the approval of the Board at its next meet- 
ing. 

Sec. 9. All vacancies in the office of the County Superintendent of 
Education 'Sihall be filled by ballot, and a two^thirds vote of the 
members present shall be necessary to fill the vacancy. 

Sec. 10. The following is the general plan for the Teachers' Read- 
ing Circles as outlined by the State Board of Education : 

One book on special professional reading, one book on general 
professional reading. Miscellaneous reading in literature and cur- 
rent events ; the course to continue for three years, certificates to be 
renewed from year to year on examination. Teachers who have 



40 

first grade certificates and who pursue this course successfully, will 
be granted a ten years certificate. 

The Governor and the State Superintendent of Education are em- 
powered to grant State certificates upon the presentation of diplomas 
from reputable colleges and universities in other States of as ihigh 
rank as leading colleges of this State. Such certificates to be sub- 
ject to confirmation by the State Board at its next meeting. 

Sec. 11. All scholarship examinations sihall 'be held by the County 
Boards of Education, and the faculties of the Institutions in which 
the applicants seek scholarships, shall grade the examination papers 
of such applicants, except in cases where the law otherwise specifies. 

Sec. 12. That after February, beginning in May, 1903, there shall 
be- two County examinations for teachers' certificates each year, to 
be held in May and September, and that hereafter no teacher shall be 
employed in the public schpols of this State who has not registered 
his certificate in the office of the County Superintendent of Educa- 
tion and submitted proof thereof to the Board of Trustees employing 
him. 

Sec. 13. Every applicant for a County Certificate shall stand a 
satisfactory written examination before the County Board of Educa- 
tion, on uniform questions prepared and furnished by the S'tate 
Board, the examination to be held in all the Counties on the same 
day, or he or she shall present to the County Board a full diploma 
from some reputable chartered college or university of this State, 
known to be of good standing. No certificate shall he issued on a 
diploma showing that the holder has only completed the course of 
some particular department of a school ; the diploma must sihow that 
the full college course has been completed. 

Sec. 14. Only two grades of examiination questions shall be pre- 
pared and furnished for the County examinations. 

Sec. 15. There shall be but two grades of Teachers' County Certifi- 
cates — a First Grade and a Second Grade, the latter (being divided 
into Class A and Class B — ^this not to affect any certificate now out- 
standing. 

Sec. 16. To obtain a First Grade Teachers' County Certificate, the 
applicant sihall stand a written examination on first grade questions, 
prepared and furnished the County Board of Education by the State 
Board, and sihall make a general average of not less than eigihty per 



41 

cent., and not less than fifty per cent, on any one branch. The 
Oounty Board may also impose oral tests in reading and language. 

To obtain a Second Grade Teacher's County Certiificate the appli- 
cant shall stand a written examination on questions prepared and 
furnished to the County Board of Education by the State Board, and 
also such oral tests in reading and language as the County Board 
may impose. To an applicant standing an examination on first 
grade questions and failing to obtain a First Grade Certificate, a 
Second Grade Certificate, Class A, shall be issued if the applicant 
makes a general average of seventy per cent., and not less than forty- 
five per cent, on any one branch ; and if the applicant makes a general 
average of not less than sixty per cent., and not less than forty per 
cent, on any one branch, a Second Grade Certificate, Class B, shall 
be issued. In estimating for a Second Grade Certificate on the first 
grade questions. Algebra need not be included ; if it would be to the 
applicant's advantage, it may be included. To an applicant standing 
an examination on second grade questions, a Second Grade Certifi- 
cate, class A, shall be issued, if the applicant makes a general aver- 
age of not less than eighty per cent., and not less than fifty per cent, 
on any one branch ; and if the applicant makes a general average of 
not less than seventy per cent., and not less than forty per cent, on 
any one branch, a Second Grade Certificate, Class B, shall be issued. 

S^c. 17. No person sihall be permitted to take an examination who 
is not at least eighteen years of age, and before taking an examina- 
tion each applicarft shall satisfactorily pass such oral tests in reading 
and language as the Board may impose. 

Sec. 18. A First Grade Certificate may be renewed by the County 
Board from which it was issued. If, however, a Teachers' Institute 
or Summer School is beld in the County, a First Grade Certificate 
shall not be renewed unless the holder attends the Institute or Sum- 
mer School, or shows to the State Board of Education some satisfac- 
tory reason for not doing so. 

A Second Grade Certificate, Class A, shall not be renewed except 
where the bolder attends a Teachers' Institute or Summer School, 
and in such case may be renewed. 

A Second Grade Certificate, Class B, shall not be renewed. 

Sec. 19. The County Board shall issue to each applicant making 
the required per cent, a certificate, signed by each member of the 
Board, and under the seal of the office of the County Superintendent 



42 

of Education of tlhe County, and showing on its face the per cent, 
made on each branch and the general average. The certificate shall 
run for two years from its date, and the holder shall be deemed com- 
petent to teach in the public schools of the County. 

Sec. 20. No certificate of qualification shall be granted by any 
County Board under any circumstances to any person who is under 
eighteen years o'f age. 

Sec. 21. The County Board of one County may recognize a certifi- 
cate issued iby the County Board of another County, but in such case 
bhey shall register the name of the holder. County from which issued, 
date and number of the certificate, and when so registered, it shall 
have the same force as if issued in that County. 

Sec. 22. Each County Board shall keep a register, in which shall 
be recorded the name, age, sex, color and post office of each person 
to whom a certificate is granted, and also the date and grade of the 
certificate. 

Sec. 23. Every claim or warrant issued by a Board of Trustees 
sihall be signed by at least two memhers o'f the Board, and should not 
be approved iby the County Superintendent of Education until the 
Clerk of the Board of Trustees has entered it in a 'book kept for that 
purpose. 

That no pay warrant shall he issued by any Board of Trustees or 
approved by any County Superintendent of Edueation in favor of 
any teacher who, after July 1, 1901, uses in the pubhc schools of 
this State any text-book to the exclusion of the text-book or books 
herein adopted on the same subject. 

Sec. 24. No teacher shall he employed by the Board of Trustees 
who is related by consanguinity or affinity within the second degree 
to a member of the Board of Trustees or to a principal of a school, 
without the written approval of the County Board of Education, nor 
shall they employ a teacher holding a certificate issued by a County 
Board of another County until the certificate has been duly registered 
in the office of the County Superintendent of Education of their own 
County. 

Sec. 25. No public school supplies shall be purchased by school 
officers for use in the public schools of any County in the State except 
such as are authorized by the State Board to be sold. The vendors 



43 

of all such supplies authorized to be sold by this Board shall enter 
into a written contract with this Board, in wlhich the prices of the 
supplies sihall ibe stated, and copies of the supplies shall be placed in 
the office of the State Superintendent of Education and the supplies 
sold to the schools shall at all times conform to tihe samples, and the 
prices shall not exceed the prices agreed on. The County Boards 
rAay allow or disallow such supplies, or any of them, to be sold in 
their Counties. In case they permit the same to be sold, they shall 
give the vendor a written permission to offer the same to the Trus- 
tees of their Counties, the prices of the supplies to be named in the 
written permission, leaving the purchase, or not, of such supplies to 
the good judgment of the Boards of Trustees. In case the Trustees 
purchase any of such supplies, they may give a warrant against the 
school fund of their district in payment therefor, but in no case shajl 
the County Superintendent O'f Education countersign or endorse any 
such warrant until the supplies have beeen delivered; the County 
Superintendent shall hold all suoh warrants in his possession until the 
delivery of the supplies is made. All persons purchasing any such 
warrants before the same have been countersigned by the County 
Superintendent of Education, do so at their own risk. 

Sec. 26. All applications on behalf of universities and colleges for 
approval of course of study by the State Board of Education in order 
to issue a diploma for the degree of lyicentiate of Instruction shall be 
in writing and show the course of studies pursued in each year, the 
number of years required to complete the course, the text-books to be 
used and the number of examinations held each year. (Adopted 
May 5, 1899.) 

The colleges whose courses of study for the Licentiate Degfee 
have been approved by the State Board are : May 5, 1899, South 
Carolina College, Due West Female College, Clafflin University, 
Benedict College. May 4, 1900, the State Colored College, Green- 
ville Female College. 

S^c. 27. In all cases of appeals from decisions of County Boards, 
notices of appeal must be served on the Seqretary of the County 
Board of Education, on 'the Secretary of the State Board of Educa- 
tion, and also on the respondents within thirty days from the decision 
of the County Board, and all testimony, records and papers must be 



44 

on file in the office of the State Suiperintendent of Education at least 
ten 'days before the meeting at which the appeal is to be heard. In 
all appeal cases, the Secretary of the State Board of Education shall 
assign an equal length of time for reviewing testimony and argu- 
ment by appellants and respondents, and notice of such time as- 
signed shall be accordingly given by tlie Secretary of the State 
Board. » 

Skc. 28. County Boards of Education shall require all public 
school buildings to be constructed only upon land deeded to the Trus- 
tees in fee simple. No school building shall be aided by funds under 
the School Improvement Act unless constructed according to plans 
approved by the State Board of Education, and unless the building 
is found to be of first class material and workmanship, upon inspec- 
tion by the County Superintendent of Education. 

Sec. 29. State Certificates may be issued to teachers who success- 
fully complete nine courses at the State Summer School, and County 
Certificates may be issued to those who successfully complete nine 
courses at the County or District Summer Schools. 

■ RUIvES AND REGUIvATlONS FOR UBRARIES. 

Adopted by the State Board of Education, March 12, 1^04. 

1. It shall be the duty of the Board of Trustees to provide a sub- 
stantial bookcase before books are secured, and to require the same 
to be locked, except when in actual use. 

2. The County Superintendent and teachers shall give aid and 
advice to the Trustees^ in selecting and oirdering the library from the 
list adopted by the State Board of Education. 

•3. The teacher sihall be librarian during the school term, and the 
Clerk of the Board of Trustees, or some responsible person desig- 
nated by the Board, shall be librarian during the vacation, and the 
library may be moved from the school house during vacation, by 
order of the Board of Trustees. 

4. The librarian shall properly label each volume, giving the num- 
ber of the book, the name of the school, the name or number of the 
district, and the name of the County, and shall also catalog the books, 
showing number, title, and cost of each book. 

5. The librarian shall keep a record of the name of each bor- 
rower, and shall also record the number and title of each book loaned, 
together with dates on which it was loaned and returned. 



45 

6. Every child attending school shall be entitled to the privileges 
of the library, but no person shall be allowed to take two books at 
one time when other children are unsupplied. 

7. Persons living in the community, having no connection with the 
school, may take advantage of the library by paying a fee of Mty 
cents annually, in advance. 

8. No person shall have the right to loan books outside of his own 
household, under penalty of ten cents for each offense. 

9. No person shall keep a book longer than two weeks, under 
penalty of one cent a day for each day he may so retain it. 

10. The librarian shall designate such books as may be of constant 
use in their school, as supplementary or reference books, and these 
shall not be removed from the school during the session. 

11. On the ireturn of a book to the library^ the librarian slhall 
ascertain what damage, if any, has been sustained by it, and shall 
charge and collect the amount of the fine accordingly. If a book is 
lost, it shall be paid for in full ; and any one refusing to pay a fine 
thereby forfeits further use of the library. 

12. All fines, fees and other such moneys shall be turned over to 
the Trustees, and shall be devoted to the maintenance and improve- 
ment of the library. 

13. It shall be the duty of the librarian to collect all of the books 
at the close of the session, and to make a report to the Trustees and 
to the County Superintendent of Education. 

14. The report of the County Superintendent shall contain the 
following : 

(a) The numfoer of volumes purchased during- the year. 

(b) The number of volumes received by gift during the year. 

(c) The number of volumes loaned during the year (counting 
each volume once each tirne it is loaned). 

(d) Tihe amount of fines, fees, etc., received during the year. 

(e) Total number of volumes in the library. 

(f) Total value of books and bookcases. 



INDEX 

Page 

Appeals 9, 10, 18, 43, 44- 

Apportionment 13 

Arbor Day 33 

Area of Districts 3 

Buildings 35, 36 

Certificates 39, 40, 41, 43, 44 

Claims 35, 37, 38, 43 

Consolidation 18 

County Board of Commissioners 13, 14 

County Board of Education 13, 16 

County Superintendent of Education 11, 13, 13, 14 

Course of Study 6, 10, 17 

Dog Tax 37, 38 

Deficiencies 39 

Dispensary Funds 5, 39, 30 

. Districts 3, 18, 19, 30, 36 

Election of School Officers 3 

Enrollment , 11 

Escheated Property 4, 8 

Examination 10, 16, 18, 35, 40 

Funds 3, 3, 4, 17, 36, 33, 33 

Gifts for Schools 4, 8 

Libraries 34, 35, 44, 45 

Licentiate of Instruction 43 

Militia Duty 38 

Nepotism 43 

Night Schools 36 

Non-Sectarian Schools 4 

Poll Tax 36 

Printing 30 

Registers 6, 14, 43 

Reports 7, 13, 14, 34, 37, 33 

Rules of Order 39 

Salaries of School Officers 3, 14, 15 

School Age 3, 38 

Scholarships 11, 40 

Scholastic Year 38 

Seal 14 

Separate Schools 4, 38 

South Carolina Day 37 

Special Districts 30, 31 

Special Tax 30 

State Board of Education 1, 9, 10, 11 

State Colleges 4 

State Superintendent of Education 1, 6, 9 

Supplies 43, 43 

Term 38, 39 

Text Books 10, 31, 33, 37 

Titles to Lands ,. 44 

Transfers 34 

Traveling Expenses 15 

Trustees 3, 17, 33, 23, 35, 36 

"Vacancies 9, 12, 33, 39 



^1%'' 



LIBRfiRY OF CONGRESS 



019 748 478 



